Rajesh Paswan @ Rajesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22852 of 2025 Arising Out of PS. Case No.-235 Year-2023 Thana- JHANJHARPUR District- Madhubani ====================================================== Rajesh Paswan @ Rajesh Kumar Paswan S/O Shyam Paswan R/O VillageBelmohan, P.S- Phulparas, Distt.- Madhubani. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Jhanjharpur P.S. Case No. 235 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 20 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with the present case only being the registered owner of the motorcycle bearing Registration No. BR32H-9935. It is submitted that much before this occurrence, the petitioner has sold his motorcycle to one Sanjay

Patna High Court CR. MISC. No.22852 of 2025(2) dt.30-04-2025 2/2 Kumar Paswan, which appears misused by him. Learned counsel submitted that petitioner is a home-guard personnel and said to be man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani, in connection with Jhanjharpur P.S. Case No. 235 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T